The
Superintendence is responsible for the regulation of import and export of cultural
property, whether the movement is temporary (for example, for exhibition or
restoration purposes) or permanent. The Superintendence has the role to issue
permits needed for such movements.
Movement of
Cultural Goods to EU Member States
The movement
of cultural property to EU member states requires endorsement by the
Superintendence. Article 41 of the Cultural Heritage Act 2002 as amended by Act
12 of 2005 states that
'No person
may export, re-export or remove from Malta including its territorial waters
thereof; any cultural property without written permission of the
Superintendent'
Packing
lists compiled for customs purposes have to be accompanied by a declaration
form stating that no cultural goods as defined in the Cultural Heritage Act 2002
are included. The Superintendence of Cultural Heritage endorses accompanying
customs documentation on the basis of this declaration and reserves the right
to inspect such property prior to its movement from national territory.
Packers are
also expected to inform the Superintendence in advance as to when and where
packing of goods for export and/or movement purposes will be carried out. Any
necessary procedural inspections can be thus carried out on the date.
You can
download a copy of the declaration form from here.
Return of
Unlawfully Removed Cultural property to other EU Member States
Council
Regulation 93/7/EEC empowers member states to institute legal proceedings
against the holder and/or possessor of cultural property illegally removed from
their territory to that of another member state. This regulation has been
transposed into Maltese law through LN 246/03 and LN 46/05. You can download a
copy of these legal documents from the
links below
Export to
Third Countries
The export
and re-export of cultural property to third countries or non-EU member states
requires endorsement by the Superintendence of Cultural Heritage. Article 41
(1) of the Cultural heritage Act 2002 as amended by Act 12 of 2005 states that
'No person
may export, re-export or remove from Malta including its territorial waters
thereof; any cultural property without written permission of the
Superintendent'
Packing
lists compiled for customs purposes are accompanied by a declaration form
stating that no cultural goods as defined in the Cultural Heritage Act 2002 are
included. The Superintendence of Cultural Heritage endorses accompanying
customs documentation on the basis of this declaration and reserves the right
to inspect such property prior to export.
Packers are
also expected to inform the Superintendence in advance as to when and where
they will be packing of goods for export and/or movement purposes. Any
necessary procedural inspections can be thus carried out on the date.
You can
download a copy of this declaration form from here
Fees for
Services Rendered
When
cultural property is inspected with the specific intention of establishing its
age and value, a 5% ad valorem fee is charged for services rendered. Such
inspections are carried out
- in the case
of an application for the movement or export of cultural property from national
territory;
- in the case
of cultural property imported or brought to Malta;
This fee is
regulated by LN 04/68